Section 15 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 15 deals with commercial suits and applications that were already pending when a Commercial Division or Commercial Court was constituted. It moves them to the new forum, protects cases where judgment is already reserved, lets the new forum hold case management hearings, and gives the Commercial Appellate Division a power to withdraw and transfer matters that were not moved. This article reads the section as amended up to 3 May 2018, as per the text consulted, for parties with an old suit who are thinking about a commercial suit filing strategy.
All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of a Specified Value shall be transferred to the Commercial Division (if pending in a High Court where one has been constituted) or the Commercial Court (if pending in a civil court in an area where one has been constituted). No suit or application where the final judgment has been reserved is transferred. After transfer, the Act applies to procedures not complete at the time of transfer, and the written statement period can be fixed afresh.
Sub-section (1): pending in a High Court
"All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of a Specified Value pending in a High Court where a Commercial Division has been constituted, shall be transferred to the Commercial Division."
The test has three parts: the matter relates to a commercial dispute, of a Specified Value, and is pending in a High Court where the Commercial Division has been constituted (section 4). The word "shall" makes it a rule, not a choice.
Sub-section (2): pending in a civil court of a district
"All suits and applications, including applications under the Arbitration and Conciliation Act, 1996, relating to a commercial dispute of a Specified Value pending in any civil court in any district or area in respect of which a Commercial Court has been constituted, shall be transferred to such Commercial Court."
The proviso to sub-section (2)
The proviso is printed running on from the end of sub-section (2): "Provided that no suit or application where the final judgement has been reserved by the Court prior to the constitution of the Commercial Division or the Commercial Court shall be transferred either under sub-section (1) or sub-section (2)." The text prints "judgement"; this article writes "judgment". Two points matter:
- It protects a matter in which the court had already reserved its final judgment before the new forum was constituted.
- It applies to transfers under both sub-sections (1) and (2).
Sub-section (3): which procedures the Act governs
Where a suit or application relating to a commercial dispute of a Specified Value stands transferred under sub-section (1) or (2), "the provisions of this Act shall apply to those procedures that were not complete at the time of transfer." So steps already complete stay as they are; the steps still to be taken follow the Act, including the Schedule's amendments to the Code. For instance, a transferred suit in which disclosure of documents has not been completed would follow the Schedule's disclosure rules for the remaining steps; see our article on Order XI Rule 1.
Sub-section (4): case management and the written statement
The Commercial Division or Commercial Court "may hold case management hearings in respect of such transferred suit or application in order to prescribe new timelines or issue such further directions as may be necessary for a speedy and efficacious disposal ... in accordance with Order XV-A of the Code of Civil Procedure, 1908". The text marks "XV-A" as amended in 2018. Order XV-A is the Schedule's case management order; see our article on case management hearings.
The proviso to sub-section (4)
"Provided that the proviso to sub-rule (1) of Rule 1 of Order V of the Code of Civil Procedure, 1908 shall not apply to such transferred suit or application and the court may, in its discretion, prescribe a new time period within which the written statement shall be filed."
The Schedule's own second proviso to Order V Rule 1(1) is the place where the thirty-day and one hundred and twenty-day periods for the written statement are printed. In a transferred suit the section says the proviso to that sub-rule does not apply, and the court may fix a new period in its discretion. Our article on the written statement within 120 days explains the periods for a fresh suit.
Sub-section (5): the Appellate Division's power
"In the event that such suit or application is not transferred in the manner specified in sub-section (1), sub-section (2) or sub-section (3), the Commercial Appellate Division of the High Court may, on the application of any of the parties to the suit, withdraw such suit or application from the court before which it is pending and transfer the same for trial or disposal to the Commercial Division or Commercial Court, as the case may be, having territorial jurisdiction over such suit, and such order of transfer shall be final and binding."
- Who applies. Any party to the suit.
- Who decides. The Commercial Appellate Division of the High Court (section 5).
- What it does. Withdraws the matter and transfers it to the Commercial Division or Commercial Court having territorial jurisdiction.
- Effect. The order of transfer is "final and binding".
Summary table
| Sub-section | Rule | Key limit |
|---|---|---|
| (1) | Pending suits and applications in a High Court go to the Commercial Division | Where one has been constituted; commercial dispute of a Specified Value |
| (2) | Pending in a district civil court go to the Commercial Court | Where one has been constituted; proviso protects reserved judgments |
| (3) | The Act applies to procedures not complete at transfer | Completed steps are not mentioned |
| (4) | Case management hearings may be held; new written statement period may be fixed | Order V Rule 1(1) proviso does not apply |
| (5) | Commercial Appellate Division may withdraw and transfer on application | Order is final and binding |
Who is affected
A party with a long-pending commercial suit should check three things after a Commercial Division or Commercial Court is constituted: whether the matter is of a Specified Value, whether judgment was reserved before the constitution, and which steps remain incomplete. A defendant that has not yet filed its written statement should note the discretion in the proviso to sub-section (4), and a plaintiff that is told its suit is "not transferred" can ask under sub-section (5).
Example. Anand Distributors has a recovery suit for a trade debt pending in a district civil court since before the district's Commercial Court was constituted. The suit is a commercial dispute of a Specified Value and judgment has not been reserved. Section 15(2) sends it to the Commercial Court. At the first case management hearing the Commercial Court sets new timelines under sub-section (4), and, if Anand's opponent had not yet filed a written statement, may fix a fresh period for it.
For the general rule on how suits are instituted, see our guide to suits, parties and cause of action under the CPC, which describes the general rule and not the commercial-suit version.
Points to check in the text
- The proviso to sub-section (2) and the proviso to sub-section (4) are printed running on from the end of the sub-section.
- The text prints "judgement"; this article writes "judgment".
- The text is silent on any date for the constitution of any forum; that is a matter of the notification or order in each State or High Court.
Need help with a suit that may move to a Commercial Court?
If your pending suit may be transferred, or you want to plan the next steps after transfer, see our commercial suit filing page for how we support such matters.
Key takeaways
- Pending commercial suits and applications of a Specified Value are transferred to the Commercial Division or Commercial Court once constituted.
- A matter in which final judgment was reserved before constitution is not transferred.
- The Act applies to procedures not complete at the time of transfer.
- The court may hold case management hearings and fix a new written statement period.
- The Commercial Appellate Division may withdraw and transfer a matter on a party's application.
Read next
- Section 4: Commercial Division of a High Court
- Section 5: Commercial Appellate Division
- Section 10: jurisdiction in arbitration matters
- Written statement: defence drafting and filing under the CPC
Disclaimer: Based on a text of the Commercial Courts Act, 2015 as amended up to 3 May 2018 and on the Ninth Schedule to the Mediation Act, 2023 as enacted, as consulted on 2 October 2026. Later amendments, the current Specified Value, the pre-institution mediation rules and High Court rules should be checked. This article is general information, not legal advice; check the official text before acting.